developing news in the south bay tonight where emergency crews are called to a large fitness center after reports that a strong odor was making people sick.

good evening everyone i'm frank somerville. >> and i'm julie heatherville. heather holmes is at a memorial that is now growing. >> reporter: we watched tonight as people most of them strangers have placed candles, stuffed animals and flowers. the girl was wearing her helmet when she was struck and killed. this the áf couple came to say a prayer for the life lost. >> we have kids that have grown up here. you know, it's just, it's a family in this area. >> reporter: police say around 8:30 this morning the girl who's name has not been

released was riding her bike east. joe roden works at the prudential office near by. >> happened to see some commotion, looked out and realized that somebody had happened. >> i rushed back and get a blanket, i rushed and brought it out to try to keep her warm. >> reporter: the girl was rushed to the hospital where she was pronounced dead. >> reporter: not far away, we ran into a bicyclist who said she tries to stay safe. >> it's really scary. because the people are kind of speeding by because it's jefferson and they just, go really fast. >> reporter: police tell me speed does not appear to be a factor here and that the driver of the truck stopped and is cooperating with authorities. >> it's just tragic. >> reporter: at washington high school tonight where the girl

was a freshman the principal told me that plans are being made to assist students with their brief. she also tells me that a moment of silence will be held tomorrow morning. i'm heather holmes, ktvu channel 2 news. now to the south bay where authorities evacuated more than a dozen people after receiving reports of shortness of breath and skin irritation. this is developing news and matt keller has just learned within the hour what caused that strong odor that left so many people there feeling sick. >> reporter: monday night's are usually very busy at the club one here in the south san jose. but you can see there are very few cars or people here after

an evacuation of woman's locker room. firefighters didn't take any chances inside using self- contained breathing apparatuses. personal trainer told me what happened right before they evacuated about 150 people from the building. >> one of my other clients came up to me and said, hey marlon there's something really strong in the bathroom. really strong and burning sensation, her eyes were burning and her -- she was coughing right after. >> reporter: a firefighter told me about 45 minutes ago that the odor was caused by eucalyptus room. the symptoms dissipate about an hour and a half. all of the victims went home and not to the hospital. i just we -- i just went back in and talked to club staff and

they told me they will close at their regular hour at 11:00 and open at 5:00 in the morning. they also told me that the locker room is back open. a sink hole opened up this afternoon swallowing the back wheels of a truck. the incident happened about 4:30 today. these pictures from a neighborhood blog show the large truck stuck in that hole. it is still unclear what caused the sinning hole or when it will be fixed. the timetable for this first round of storms and the preparations now under way for wind and rain. the city of san jose tonight held the first of four public meetings as it seeks input for the search of a new police chief. residents went to the bay area for an opportunity to speak out about the qualities they would like if the city's next police

chief. the current chief moore plans to step down in january almost exactly two years after he took the job. >> i think the community deserves a longer commitment, there's no way i can hold anybody to a commitment, i think though that will be a very important priority for me. >> reporter: whoever will take the job will need to overcome low moral. the u.s. congress returned from its holiday recess and began to try to work for a deal to try to avoid the fiscal cliff. if there's no action by the new year some existing tax cuts will be filed. but finding consensus between republicans and democrats will not be easy. >> as president eisenhower said

there will have to be compromises. and seeking compromises is the only way forward. >> some gop lawmakers now say they'll have to put the pledge aside for the good of the country. on wall street the markets remained fixed. the dow dropped 42 points, the nasdaq gained nine. >> tonight at 10:30, the jitters the fiscal cliff is causing on wall street and how some investors are deciding to take action now and not wait. the bay area's storm door is about to swing wide open. the first in the series of wet weather is due to arrive tomorrow morning. we start in the weather center with chief meteorologist bill martin. bill. >> julie, a series of storms set to affect the bay area not that atypical for this time of year. but it is going to be a wet weather pattern that is going to take us into early next

week. look at the activity in the pacific, it's massive. look at what happens when we -- we're going to hawaii. this is streaming from the very low latitudes. it's getting pulled into this series of systems we're looking at one, two, three or four of these will be very wet rain producers. as we get into the next 12 hours or so, 24 hours these clouds are going to start to thicken up quite a bit and we'll see increasing clouds for the day tomorrow and rain in the very near future and there's a lot of it coming our way. i'll have the latest computer model and we'll bring it down. it's going to start raining wednesday, and it's going to be wet in the bay area through early next week. i'll have more on your weather segment, see you back here. even so that first storm is still more than 24 hours away a lot of people are starting to

gear up and debora villalon is joining us and she's finding out how people are getting ready. >> reporter: it's so dry and calm it's hard to believe it's going to change that much and that fast. but that's why this house has bags and sand on hand. at san rafael's public works yard they've been moving a mountain of sand into neighborhood low kaeugs. and 400 sandbags sit read -- locations, and 400 sandbags sit ready. >> if you have water coming into your house, into your garage, crossing the street where it wouldn't you can divert it with sandbags. it's an easy fix, a cheap fix. >> think of the times the bay area has been pummeled, this will be right up there. the city's pumps and drains have been checked and extra help is already staging. >> we have contractors lined

up. we are ready in case we have trees falling. we have contractors ready in case we have a landslides. >> we're praying for no high tide. >> reporter: one marin store sits on the storm surge and saw a lot of people looking for utilities. >> it comes straight down into the front porch right here in this big gaping hole. >> reporter: this family is replacing gutters. rusting and full of holes tomorrow. an appointment they made unaware of the storm but opportune timing. >> if we don't do it now, the foundation of the house, other parts of the house are going to suffer because of the rain. so the gutters have to happen otherwise the whole house depreciates. >> reporter: to stay cozy when it's howling outside, be proactive. tomorrow is the time to check for drainage problems, and when

in doubt find your local sandbag suppliers. debora villalon. >> you can track the weather conditions any time, go to ktvu.com. opening the doors to winter shelter for the first time this year. we're going to break down the number of people in need and the number of beds now available. also in the south bay the owner of a san jose jewelry store owner pulled a gun on some thieves and chased them from her store. two men carrying guns walked into that store wearing masks and hooded sweatshirts. the owner chased the men if her store. no one was hurt and nothing was stolen. police say they are still looking for those two men.

analysts are predicts today's cyber sales may reach $1.5 billion. online retail spending was up 26% on friday according to comscore. that is up 16% from the same time span last year. a bay area deputy accused of robbing a bank. >> we will prove his innocence in court. >> what the judge asked him to hand over today and the consequences if he's found healthy. three bay area family members killed in a horrible accident. >> they were just sweethearts. >> how neighbors are reacting as investigators work to uncover what led to the crash.

autopsies are scheduled for tomorrow for the four people killed in a collision near placerville over the weekend. chp investigators are trying to determine why the driver of a prius crossed over four lanes of highway 50 right into the path of an oncoming mini van on sunday night. a family from placerville was riding in that mini van including a 4-year-old girl that was killed. three of the passengers in the prius were also killed. that family was from oakland. and neighbors are struggling with what happened. >> they came and went together, they went off to work together

and school together always. so just, sorry. lovely and it just >> reporter: believe that alcohol was a factor in that crash. the chp says over all the thanksgiving weekend was far deadlier in the bay area compared to last year. 10 people died in crashes in the bay area from wednesday evening through sunday. that is compared to two that died last year. statewide there were 44 fatalities both on local streets and highways that's up in 32 deaths during the same time period in 2011. 10 of those killed in freeway accidents were not wearing their seat belts. a sheriff deputy accused of robbing a bank made his first court appearance. what happened when he confronted the suspended deputy outside the courtroom. san francisco sheriff deputy phillip chung hurried into his first court hearing this afternoon 10 days after his

arrest for robbery. the 36-year-old pacifica resident is the man seen with a stack of money in this picture taken from a surveillance camera on balboa street. the video and fingerprints led to chong's arrest. later he posted bail. >> it's not that unusual. we have a problem with prison overcrowding, with realigning we have more people in the jail. unless somebody is proven to be a risk they're going to get bail. >> reporter: we were not able to record chong's face as the judge -- a fellow deputy patted chong's shoulder as he left court. >> you never know what their experience is but they may have been in and out of the courtroom.

they may have had prisoners in custody or interacting with the judges in some way. >> reporter: chong refused to speak with us outside of the courtroom. >> please don't bother him. we have no comment right now. he will prove his innocence in court. >> reporter: chong a seven year veteran is currently due in court december 16th. david stevenson, ktvu. we learned today that a northern california man who was a navy seal has been killed in afghanistan. kevin evert from alkada died saturday in a mountainous area near the center of the country. military officials say that the seal was based on the east coast. he was in after -- afghanistan while working to support what is called -- a wreath of roses, an

american flag and a child's note all line his grave. stephens grew up in piedmont and attended uc hastings law school. record spending on this cyber monday is expect to bring a surge to california. but ken pritchett tell us the state will likely get a lot less than many people had expected. >> if you need a tiki mug, a tiki statute or anything hawaii, talk to lawrence swansberg. his biggest item -- >> christmas hawaii shirts right

now. >> we want folks to know that not out of state retailers who are doing business online are required to collect tax. >> so a camera sold on amazon would incur $60 in tax. if you don't pay sales taxes online then you owe a use tax that you must file on your state taxes which few people do. >> i think they need to do it nationally somehow. i think the country is missing out on a lot of sales tax. a lot of revenue. >> reporter: since september the state has collected less than $20 million from this so called amazon tax. and one board member said that of those who are supposed to be collecting this tax, few are doing so. on ktvu.com you will find a

cyber monday tab with information on protecting yourself whenever you shop online including the top 10 internet scams to avoid. before the rain gets here we've got some fog to contend with. we had a bunch of fog this morning and we're going to have a bunch of fog ben tomorrow -- fog again tomorrow morning. we have fog out toward san rafael, out toward black point area. the overnight low will get you fog as well. the recent rain and fog on the ground. the moisture now is cooling. as it cools to that dewpoint we get fog. it will impact your morning commute just as it did this morning. there was a dense fog advisory this morning just adjacent to the bay area we could see that fog again tomorrow morning. the latest computer model in that series of rainstorms that are headed our way, it's going to be wet, you will want to clean the gutters, we'll see

you back here. a paragon condor is being cared for. a family in watsonville found it. x-rays confirmed the falcon had been shot with a pellet gun. the bird is being treated with antibiotics and is now in good condition. >> hundreds of job, who's hiring and how interest in postings overloaded computers. two quarterbacks and one bigdilemma for the 49ers. we asked fans who should start next sunday against the rams -- two quarterbacks and one big dilemma. e a good night. here you go. you, too.

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teacher's in san jose board rallied outside of the school. the teacher's contract expired on saturday. the main issue is hell -- health care benefits which the district wants to cap. jobs have been difficult to come by in recent years but if you're interested in a career in law enforcement now might be your chance. paul chambers tells us who's hiring and why you need to act fast to apply. >> reporter: california highway patrol officers are the people many look to when they need help on the road but now they need your help. >> we're looking for people highly motivated and who are looking a job in law enforcement. >> reporter: chp will start hiring at a salary of $65,000 a year. the agency will start taking applications on december 4 but

only for two days. the minimum requirements, high school diploma or ged, 20 to 35 years old and you must live in the state. but that's just the starting requirement. >> you graduate to field training status. >> san francisco police are also hiring, today they started accepting applications online for entry level police officers. you have from now until december 7th to apply. >> we're down about 300 officers from our city target mandate. and we do have more people that are planning to retire over the next several years. >> there was so much interest this morning that sfpd's website overloaded for a few minutes. starting salary $88,000 a year. the department doesn't have a residency retranscription or state limit. >> all we ask is that you're 21 years of age, california driver's license and no felony convictions and at least a high school diploma and equivalent.

>> reporter: now this is a big change as a few years ago companies were laying people off. san francisco medical center is asking for $1.2 million from l.a. dodgers to pay for bryan stow's medical bills. stow's family is also suing the dodgers. in humble county the coast guard today suspended its search for a 16-year-old boy swept out to sea on saturday in a tragic incident that also took the lives of his parents. officials say the 16-year-old went into the water at big lagoon beach about 30 miles north of eureka trying to save the family dog. his father then went after him. the teen got out but then he and his mother returned to the

water to try to save the father and unfortunately it appears all three drowned. the dog though got out on its own. the family is from just outside of arcada. the risks are the taxes are going to go up, they're not beginning town. >> uncertainty on wall street. the action investors are taking now before the year is up. 49er fans are doing some monday night quarterbacking. find out which quarterback they would like to see start. ,0

well it's the talk of the town, who's going to be the 49ers starting quarterback next week against st. louis. collin kaepernick or alex smith in coach harbaugh refused to say in today's news conference. amber lee is live and tells us

what fans are saying. >> reporter: we're at american bull sports bar, a popular gathering spot for 49er fans tonight they weighed in on the quarterback controversy. it's monday night football but tonight's game wasn't much of a draw for these 49er fans. but they enjoy hanging out with other like minded people who have a passion for the niners. >> we want to win games and head coach i think is doing a great job. mideast -- he's got two good arms. >> reporter: the two pairs of good arms are adding up to a quarterback controversy. coach harbaugh started kaeprenick for the second game in a row instead of alex smith after he suffered a concussion. >> i'm really becoming fond of kaepernick because he's helping us out. >> i like smith, i say run smith. >> i am fond of montana. >> reporter: aging joe montana

was replaced by steve young. this time many fans tell us their loyalty is neither for smith nor kaepernick. >> jim harbaugh is our guy, whoever he wants to play we're good with that. >> reporter: do you think alex's days are numbered? >> i hope not. i don't think he'll stick around and be a second string. and he's a lot better than a lot of quarterbacks out there. >> reporter: others say they expect harbaugh to take it one game at a time. >> if he loses next sunday he's going to go back to alex smith. >> reporter: some fans say they are loyal to smith but that kaepernick is red hot right now. and it's all about who will get the 49ers to the super bowl. how coach harbaugh addressed the question today. his answer when asked by reporters. the fight over the funds to build the 49ers new stadium

moved to sacramento today. officials traveled to the capitol to ask the office of finance to reconsider the proposal. a spokesman said the decision would come in the next week. yee is a democrat from san francisco, term limits prevent him from running from the state senate again. he would be in the race to replace debra boing. the secretary of state oversees the state's elections. 1million californians recently took advantage of a law yee authored enabling californians to register to vote online.

prosecutors say kinde durkee pled guilty of stealing money from her clients including senator feinstein. a phony press release was posted on pr web announcing google has purrtured ikoa for $400 million. ikoa stock raised sharply but dropped back when the company's ceo said there was no sale. there's no word yet if the secures and exchange commission will look into the matter. concerns about the looming fiscal cliff and how that could affect state tax. noelle walker looks at how much the average investor could pay at the beginning of the year. >> reporter: whráepb the bell rings, -- when the bell rings,

it was an up and down day. >> how the u.s. economy is going to be doing. >> reporter: one thing that kept stocks on an even keel, holiday retail sales are already up and many are giving themselves the gift of stockdividends this year. why sale? right now the capital is at 15%. most investment experts believe that's going to jump to 23%. through an additional 3.8% to cover the president's health care plan. if congress and the president don't do anything, that jumps to 10, 20, 30, 39.6% plus the additional 3.8% to pay for health care. bottom line, investors leave more on the table in 2013. >> taxes are going to go up. they're not going down. >> reporter: wells capital management shwasburg says best look away before we cross the

fiscal cliff. >> you don't want to think more than you really do that's when you rally run into trouble. >> reporter: in san francisco, noelle walker, ktvu channel 2 news. a hewellet packered filed a lawsuit over the purchase of autonomy. the investor accused hp of knowingly making misleading statements about the deal and the $13 billion purchase of electronic data systems. hp stock has lost half of its value this year. the lawsuit could become a class action lawsuit involving all hp shareholders. reducing the risk of pregnancy, the call to put emergency contraception into the hands of teenagers before they need it. tracking dense valley fog right now and then we're going to move on to the computer

model and track the rain. a memorial to veteran, and what happened just hours aftercrews cleaned it up today.

vandals defaced a vietnam war memorial in concord shortly after city workers had cleaned it up. the concord city workers said it saw an online blog about the graffiti and sent a crew to clean it up. >> report it to us, we found it on a local blog. so staff noticed it. we went out and removeded the graffiti. >> reporter: when the crew came back a few hours later, taggers had struck that memorial again so they cleaned it up again. we are told it is standard

practice to send pictures of the tags to the police department. in this case we have learned some of the markings have been tied to gang affiliations. a prestigious group released a statement urging doctors to give sexually active teenagers prescriptions for emergency contraceptive. teens 16 or younger are currently required to have a prescription to get the emergency contraceptive. teens 17 and older can buy the morning after pill over the counter. nine people died and 17 hurt after a fire started in a facility that houses mentally disabled people. firefighters are working now to determine if a reported explosion in a storeroom on the

top floor caused the fire. in bengladesh, 16,000 people took to the streets demanding justice for the 12 workers who died over the weekend in a garment factory fire. when the fire alarms first went off their bosses told them to return to their sewing machines. and in mexico, funeral arrangements are now under way for a 20-year-old beauty queen who was killed over the weekend in a shoot out between soldiers and suspected drug traffickers. the body of miss sinaloa was found lying near a weapon.

she was traveling with the drug traffickers. two consumer groups are asking facebook to back off proposed changes to its privacy policy. the groups say the changes would make personal information available to advertisers without users consent. according to the l.a. times, those changes may not happen in europe because regulators there expect facebook to give european users the right to choose if personal info is shared. facebook currently has more than 1 billion users. a line out the door, as shelters open for those in need -- plus. >> they turned around and told us after the 11th time, that we were going to be held up yet again. frustration after frustration, what turned an inexpensive flight to paradise into a nightmare for passengers. >> a lot of rain is on the way. bill martin pinpointing exactly

when that wet weather will alive. a reminder you can get ktvu news to go. just download the ktvu app and you can watch all of our newscasts live.

some northern california airline passengers are furious tonight calling $99 tickets to hawaii a a good deal gone wrong. alligient air has one flight a week for the discount. >> when my bride is sitting here crying five or six times in one day and i can't do anything about that it makes me really upset. >> reporter: the company said

it was arranging reimbursements for passengers and vouchers for other flights. you may hear the sound of gunshots to try and scare off birds near the runways. most of the shots are blanks but staff can use bullets if those blanks don't scare the birds away. flocks of birds pose a serious danger to aircraft because the birds can fly right into the intake. the food and drug administration used new powers today to shut down a peanut butter processer linked to a salmonella outbreak. the sun land incorporated company started recalling products in september at the start of a salmonella outbreak. today federal agents acted under a new food safety law that gives the fda the power to suspend the company's registration when there's a reasonable probability of causing serious health

problems. a southern california weight loss company that claimed consumers could lose weight by sprinkling crystals over their food has settled a lawsuit. >> don't blink or you will his it. that's it. >> reporter: sensa advertised that losing weight with its additive had been clinically proven. however the nine california district attorneys said the study was not competent or reliability. attorneys for sensa say the company stands behind its weight loss product. hundreds of homeless people are settling in for the night with a warm meal in their stomachs and a roof over their heads. the winter shelters are now open, caring for the homeless will not end for the season. >> reporter: soon after the sun went down, this armory became a winter homeless shelter and the

line snaked outside the door. everybody got a warm dinner. this woman says last night she slept outside behind a pool hall. >> miserable because you have to go to the bathroom. you know, it's just miserable getting up. >> and tonight -- >> showers, food, warm bed, compared to it,confy. >> beginning tonight 275 additional winter beds at the national guard armories. >> the key is housing. if we can get people into housing as quickly as possible their risk of homeless less is less. >> this man told us he was looking forward to the shelter and taking a break from

sleeping along the banks of guadalupe creek. >> it's cold, no matter how many covers you put on you can feel the coldness. you know you have some kind of heater, and i don't have one of those. >> reporter: the county shelters traditionally open the first monday after thanksgiving and they plan to stay open until the end of march. in sunny vale, rob roth, ktvu channel 2 news. tracking the clouds as they move our way right now it's valley fog but by tomorrow it's the high clouds and by wednesday it's rain. live storm tracker 2, just pinpointing the distance of this next system. this is wednesday's system. what is it 600, 700 miles out. once that comes in, that's wednesday morning things are going to change around dramatically. check out your end of november. wet weather on the 28th. twenty-ninth. thirtiethand first. as we go beyond that it looks like we will have more rain as we head into the weekend. we're going to see rain with

this, big surf and heavy rain. this is not atypical, this is what we get. this is what you hope you get, what we hope now is that we get breaks between these storms. because we're going to get a lot of rain, looks like we bet a good break wednesday thursday or thursday afternoon. after that the breaks aren't so clear. you have the fog and low clouds tomorrow. tomorrow is a lot like today but high clouds increasing. wednesday it all starts and this is number one in a series of progression storms that are going to move through. and they are pretty potent. they are pretty wet. i showed you that moisture, when it comes from that far south down by the hawaii islands it really pumps up the rainfall accumulation. especially in the coastal hills and along the river. it's going to rain everywhere. here we are tomorrow night. rain starts to show up. here we go into wednesday morning. pretty significant rainfall and

you see how widely spread that is. that's wednesday 6:00 p.m. you know you got a wet morning commute. wednesday around lunchtime it's going to start to clear out. here's that break i talked about. wednesday afternoon into thursday afternoon. then you see the next system roll in. this one looks like the model changed. you see the north bay is getting a really good hit. so that's thursday. that's the basic time. it goes behind this the timing is going to change. the wednesday storm though, i feel good about that. i feel good about wednesday morning, i think you're going to have a wet commute. i think you're going to have wet roadways and a wet afternoon. you get a little break. but the timing is way out. what i can do is hit it with rain clouds, rain clouds, rain clouds because we know that some tropical moisture has to come through here. and it will.

over the next five to six days it's on its way. >> sounds like we're going to get hammered. >> we're going to get hammered but if everything goes well, we're going to get what we need. the hot lava in hawaii is reaching the ocean. you can see the steam where the lava is reaching the water. the lava stream is three to 5 feet wide pouring down the side of the cliff. a new warning about a popular party attraction. the surge in injuries linked to those very popular bounce houses.

well, inside the brewer, there's a giant staircase. and the room is filled with all these different kinds of coffee. actually, i just press this button. brew what you love, simply. keurig.

those big inflatable bounce houses that kids love so much are sending more and more children to the emergency room. that's the latest report in the journal of pediatrics. the most common injuries are falling while jumping or getting hurt stepping in or out of the bounce house. the companies that supply bounce houses say they are no more dangerous than other play equipment. stalled talks between the players union and the nhl have led to a lock out and the cancellation of the first 2-1/2 months of regular season and the entire nhl season could be

in jeopardy if the two sides can't work out a deal soon on player contracts and revenue sharing. all right mark joins us now with news about the san jose basketball program. >> looking pretty good tonight. of course the san jose state basketball program would like to follow up on what the spartans football team has done down there. put the school back on the basketball map. number 10 kansas the jay hawks 27 point underdogs. they trailed with 11 minutes left by 27. 18-2 run of james kenu. the spartans with the nine. jeff with the 7-footer. one of his 12 blocks lead to the vlacamore. everybody is talking about the new kid in town and why

wouldn't they. kaepernick leading the 49ers to his second victory. alex smith watches. there's no word on who's going to start this sunday against the rams. but that doesn't mean coach harbaugh is shying away from this controversy. >> alex smith is the starting quarterback. he has not done anything to lose his job. collin kaepernick you cannot call him a starting quarterback because he has started games. this year's quarterback position has been shared. the good thing for us we have two good guys. monday night, turned into a pretty entertaining affair although both teams are in the dumper. eagles panthers with michael vick watching as another pretty good quarterback. cam newton owns the night for the panthers he passed for two

and ran for two touchdowns. 30-22. panthers now 3-8. meantime the stanford football program alive and well to say the least postharbaugh for the second consecutive year. the man who replaced him as the man selected the coach of the year. david shaw. of course leaving stanford to the conference championship game. they will either go to the rose bowl if they win or the alamo bowl depending on what happens again against ucla. it's good to be king, that the giants are in the baseball world. rewarded richly for it. each san francisco receiving a fair share will rake in $377,000. the largest ever cash reward for winning the world -- world series. and in case you're wondering,

milky cabr era will receive his -- cabrera will receive his bonus. >> that's a tiny little bonus. >> i know, not too bad. thank you for trusting ktvu channel two news. we'll see you the next time news breaks. >> we'll be working to learn the identity of that high school freshman killed on her bicycle in redwood city. we're always here for you on ktvu.com and mobile ktvu.